She is trying to take my kids away... help??

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Old Jan 30th, 2013, 09:56 PM   #1
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Exclamation She is trying to take my kids away... help??

My husband has had custody of his 3 boys for 2 going on 3 years, DFS took them away from their mother because of how many times she was arrested while they were in her custody and also she was doing alot of drugs, now they are trying to give them back to her after 2 years and 8 months of my husband and them being together. Can they give them back to her? What should i do? THANK YOU!!
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Old Jan 30th, 2013, 10:16 PM   #2
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Default Re: She is trying to take my kids away... help??

If she has jumped through all the hoops they've asked then yes, they can return them. It's sounds as tho they were placed underage safety plan which only temporarily supercedes the original order.

The father needs to petition the court for custody.
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Old Jan 31st, 2013, 12:29 AM   #3
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Federal law says that after 15 months the neglecting parent is suppose to have their rights taken away, and all our paperwork say reunifaction with father, so what are we suppose to do now? we have actually had the boys for 5 years come september. We have an attorney, we have paid 2500 dollars to him about 2 years ago and he hasnt done anything for us, he hasnt filed paperwork when it has been signed. what do we do about him?
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Old Jan 31st, 2013, 01:37 AM   #4
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Default Re: She is trying to take my kids away... help??

I would suggest getting a new lawyer. Especially since they havent done anything for you! I would also strongly suggest to file for custody. I had a good friend of mine that was in this exact same spot as you. They were in and out of court for years but because of the track record was granted full custody! All of which they did but representing themselves. . .Best of luck to you
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Old Jan 31st, 2013, 10:53 AM   #5
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Default Re: She is trying to take my kids away... help??

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Originally Posted by kelly brookover View Post
My husband has had custody of his 3 boys for 2 going on 3 years, DFS took them away from their mother because of how many times she was arrested while they were in her custody and also she was doing alot of drugs, now they are trying to give them back to her after 2 years and 8 months of my husband and them being together. Can they give them back to her? What should i do? THANK YOU!!
legally theres nothing YOU can do-these are not your children. your husband is the only one who has any legal standing to do anything. you are a legal stranger to them not their mother
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Old Jan 31st, 2013, 11:57 AM   #6
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Default Re: She is trying to take my kids away... help??

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Originally Posted by kelly brookover View Post
My husband has had custody of his 3 boys for 2 going on 3 years, DFS took them away from their mother because of how many times she was arrested while they were in her custody and also she was doing alot of drugs, now they are trying to give them back to her after 2 years and 8 months of my husband and them being together. Can they give them back to her? What should i do? THANK YOU!!
The Department of Children and Families has their own set of guidelines to go by and has to follow them.

However, the children having been with their father for 2 years and 8 months makes a strong case for your husband to go back to the trial court and get the decree modified. Of course, he is the only party to the custody matter and there is nothing you, as stepmother can do for you have no legal standing in the case.

If your husband wants custody modified, now is the time to do it -- based upon the mother's drug problem and their having been integrated into his home for so long.
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Old Feb 1st, 2013, 02:05 AM   #7
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Default Re: She is trying to take my kids away... help??

Your answer is kind of rude... anyone can be a motherit takes someone with heart to be a mom and i have been with these boys for over 6 years. So your answer is very rude.. I have supported them, stayed up with them when they are sick, paid for everything they need and have emotionally been there through these past 5 years of there mother coming in and out of there live.. Maybe you need to be more sensitive to peoples questions.. Thank You
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Old Feb 1st, 2013, 06:51 AM   #8
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Default Re: She is trying to take my kids away... help??

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Your answer is kind of rude... anyone can be a motherit takes someone with heart to be a mom and i have been with these boys for over 6 years. So your answer is very rude.. I have supported them, stayed up with them when they are sick, paid for everything they need and have emotionally been there through these past 5 years of there mother coming in and out of there live.. Maybe you need to be more sensitive to peoples questions.. Thank You
Please everyone, follow our forum rules and avoid overall rude behavior, defamatory comments, threatening other members and name calling.

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Old Feb 1st, 2013, 10:46 AM   #9
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Default Re: She is trying to take my kids away... help??

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Your answer is kind of rude... anyone can be a motherit takes someone with heart to be a mom and i have been with these boys for over 6 years. So your answer is very rude.. I have supported them, stayed up with them when they are sick, paid for everything they need and have emotionally been there through these past 5 years of there mother coming in and out of there live.. Maybe you need to be more sensitive to peoples questions.. Thank You
im also a stepparent i also do a lot of things for my stepson but it doesnt make me his mom or give me rights. he is not my son. i know you love them and wants the best for them all im saying is legally you cant do anything, you are noone legally to your husband's kids. issues concering them are between your husband and their mother.
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Old Feb 1st, 2013, 10:50 AM   #10
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Default Re: She is trying to take my kids away... help??

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Originally Posted by kelly brookover View Post
Your answer is kind of rude... anyone can be a motherit takes someone with heart to be a mom and i have been with these boys for over 6 years. So your answer is very rude.. I have supported them, stayed up with them when they are sick, paid for everything they need and have emotionally been there through these past 5 years of there mother coming in and out of there live.. Maybe you need to be more sensitive to peoples questions.. Thank You
If you think the posters are insensitive, you need to show up in court with your name on a custody modification petition and see how rude the judge will be. The judge will say you have no standing at this point in time.

There is inconsistency in the time line in your posts, as well. "2 years", "6" years. But it makes no difference. It is up to the biological father to petition to modify custody -- and not the stepmother who has no legal standing in the case as far as the law is concerned.
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